PART VIMISCELLANEOUS
F1Code of practice
Code of practice180A
1
The Department must issue one or more codes of practice about the manner in which facilities for gambling are provided (whether by the holder of a licence, permit or certificate under this Order or by another person).
2
In particular a code must describe arrangements that should be made by a person providing facilities for gambling to meet an expected duty of care to those using the facilities to include, but not be limited to—
a
ensuring that gambling is conducted in a fair and open way,
b
protecting persons under the age of 18 and other vulnerable persons from being harmed or exploited by gambling, and
c
making assistance available to persons who are or may be affected by problems related to gambling.
3
A code may include provision about how facilities for gambling are advertised or described.
4
A code may be revised or revoked by the Department.
5
A code, and any revision, must state when it comes into force.
6
The Department must publish a code and any revision in a manner which the Department thinks likely to bring it to the attention of those whose activities it concerns.
7
The Department may make different provision under this Article for different cases or circumstances (whether or not by way of separate codes of practice).
8
A failure to comply with a provision of a code does not of itself make a person liable to criminal or civil proceedings.
9
But a code—
a
is admissible in evidence in criminal or civil proceedings,
b
must be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant, and
c
must be taken into account by the Department, a court or a district council in the exercise of a function under the 1985 Order.
10
Before issuing or revising a code under this Article the Department must consult—
a
such organisations as appear to the Department to represent the interests of the gambling industry in Northern Ireland,
b
persons who appear to the Department to have knowledge about social problems relating to gambling,
c
in the case of a code including provision by virtue of paragraph (3), persons who appear to the Department to have a relevant responsibility for regulating the advertising industry,
d
persons who appear to the Department to represent district councils,
e
the Chief Constable, and
f
in such manner as the Department thinks appropriate, members of the public.
11
Serious, significant, continuing or multiple breaches of a code is a ground of revocation or cancellation of a licence, registration or permit under Articles 27, 42, 92, 103 or 121.
12
In this Article “gambling” means betting, gaming or participating in a lottery.
Art. 180A and cross-heading inserted (1.10.2023) by Betting, Gaming, Lotteries and Amusements (Amendment) Act (Northern Ireland) 2022 (c. 14), ss. 16(1), 17(3); S.R. 2023/74, art. 2, Sch.